DACA (Deferred Action for Childhood Arrivals) provides temporary relief from deportation and work authorization to certain individuals who were brought to the United States as children. Although DAPA (Deferred Action for Parents of Americans) is no longer in effect, DACA remains an important protection for qualifying individuals who meet specific criteria.
Eligibility Criteria
To qualify for DACA, individuals must meet the following requirements:
- Arrived in the U.S. before their 16th birthday
- Have continuously resided in the U.S. since January 1, 2010
- Are physically present in the U.S. at the time of application
- Are currently enrolled in school, have a high school diploma, GED, or are an honorably discharged veteran of the U.S. Armed Forces
- Have not been convicted of a felony, significant misdemeanor, or three or more misdemeanors
Recent Updates
While DACA continues to face legal challenges, individuals who currently hold DACA status can renew their status. However, no new initial applications are being accepted at this time. It’s important to stay informed about potential changes to DACA policy, as the program’s future remains uncertain.
Benefits
DACA recipients are granted:
- Temporary protection from deportation
- Eligibility for work authorization
- The ability to obtain a Social Security number and, in many cases, a driver’s license
- Access to higher education in some states
Process
To apply for DACA, individuals must:
- Submit Form I-821D, Consideration of Deferred Action for Childhood Arrivals
- Submit Form I-765, Application for Employment Authorization, along with supporting documentation
- Attend a biometric screening
If approved, receive two years of deferred action and work authorization, with the ability to renew
1. Who is eligible for DACA?
Individuals who were brought to the U.S. as children, meet the residency and education requirements, and have no significant criminal history are eligible for DACA.
2. Can I still apply for DACA?
While initial DACA applications are currently not being accepted, renewals are still being processed for existing DACA recipients.
3. Does DACA provide a path to a green card or citizenship?
No, DACA does not provide a direct path to permanent residency or citizenship, but it offers temporary protection from deportation.
4. What happens if my DACA renewal is denied?
If your renewal is denied, you may lose your deferred action status and work authorization. It’s important to consult with an immigration attorney to understand your options.
5. Are there any risks associated with applying for or renewing DACA?
The main risk involves denial, which could result in loss of work authorization and deportation protection. Legal guidance is strongly recommended.
If you or a loved one meet the DACA requirements, it’s essential to stay informed about the latest developments and ensure your application is complete. Contact our office today to schedule a consultation and get the assistance you need with renewing or understanding your DACA status. Call us at (305) 722-0733 or fill out our contact form to get started.